Common use of Backup Right Clause in Contracts

Backup Right. Subject to Section 4.4.3(n), if Jounce decides not to file a Jounce Co-Co Collaboration Patent or intends to allow a Jounce Co-Co Collaboration Patent to lapse or become abandoned without having first filed a substitute in the Territory, it shall notify Celgene of, and consult with Celgene with respect to, such decision or intention at least [***] prior to the date upon which the subject matter of such Patent shall become unpatentable or such Patent shall lapse or become abandoned, and Celgene shall thereupon have the right (but not the obligation) to assume the Prosecution and Maintenance thereof at Celgene’s expense with counsel of its choice.

Backup Right. Subject to Section 4.4.3(n), if Jounce Celgene decides not to file a Jounce Celgene Co-Co Collaboration Patent or intends to allow a Jounce Celgene Co-Co Collaboration Patent to lapse or become abandoned without having first filed a substitute in the Territory, it shall notify Celgene Jounce of, and consult with Celgene Jounce with respect to, such decision or intention at least [***] prior to the date upon which the subject matter of such Patent shall become unpatentable or such Patent shall lapse or become abandoned, and Celgene Jounce shall thereupon have the right (but not the obligation) to assume the Prosecution and Maintenance thereof at CelgeneJounce’s expense with counsel of its choice.